Jump to content

What happens when you die in Thailand?


rmicheald

Recommended Posts

I have lived in Pattaya for 8 years.  I own a condo, car and motorcycle.

 

If I die, what needs to happen for my family to come over and sell all my stuff?

 

Is there any kind of Probate etc. or if you have a will is that sufficient?

 

Thank you in advance...

Link to comment
Share on other sites

  • Replies 96
  • Created
  • Last Reply

Top Posters In This Topic

If you want control of how your assets are distributed, I believe you need a Thai will.   I've read that wills drawn up overseas have no affect on distribution of assets held in Thailand.

 

What happens without a will and you have no Thai family to whom the court could assign your assets?  Good question.

Link to comment
Share on other sites

You need to make a will with a Thai lawyer and do not give them power of attorney so that they can distribute your assets to themselves instead of who you have stated in your will.

 

It's about 4000 baht. 

 

Hope this helps. 

Link to comment
Share on other sites

As said, you need to draw up a Thai Will which will go through probate and this is not a quick process, my bank (UOB) tells me it's six months alone from just the banks perspective (plus court/legal times) and this is just for cash - I don't know what the impact is of having foreign beneficiaries so you should ask a lawyer. Also, lawyers fees for probate are based on a percentage value of the estate.

Link to comment
Share on other sites

1 hour ago, i claudius said:

Well after the burning ,half of me goes in one pot off to Britain ,the other half stays with the wife , that way i get the best of both worlds

 

You need to be careful about that. I read in the Telegraph expat money section that stating you want your remains (even half of them I suppose) sent back to Britain is sufficient grounds for HMRC to deny you Thai domicile for IHT purposes. Your Thai wife and family would then end up paying 40% IHT on almost your entire estate as the tax-free allowance for a non-UK-domiciled spouse is peanuts.

Link to comment
Share on other sites

16 hours ago, cheapskatesam said:

The government will take your body and sell any usable body parts in order to squeeze the last bit of baht out of your foreign ass. No piece of farang goes to waste in Thailand :D 

 

After that your family starts a Gofundme account to bring whatever is left of you home. 

Link to comment
Share on other sites

Yes, there is a probate, which needs to be initiated by a lawyer. Yes, best make a Will, stipulating it applies to all your Estate in Thailand only. Incl. copies of bankbook, chanods etc.  If there is no Will, a probate for your Thai estate can still be done, but is slightly more involved. Yes, be very careful, who is named the executor/administrator, as he will be able to give or take whatever he wants without any restrictions or supervison by any law. Best make a trusted friend the executor and pick one of the few known reliable law-firms to go through probate. Cost should be around 100-270K, depending  on case. The 270K was the highest I ever paid for a 1/2 Mio Euro- and rather involved probate. Time frame is around 6 months and usually straightforward. BTW. If you die outside a hospital, your body will be automatically sent to BKK Police Hospital for autopsy. Might as well get cremated in BKK then, unless you want a service at a temple in Pattaya. I have a couple of posts up with strong recommendations of a very good and affordable funeral-service company. Happy New Year and many years to live I wish you.  MS>

Link to comment
Share on other sites

On 25/12/2016 at 0:28 AM, cheapskatesam said:

The government will take your body and sell any usable body parts in order to squeeze the last bit of baht out of your foreign ass. No piece of farang goes to waste in Thailand :D 

Before or after you go to heaven......(hopefully).

Link to comment
Share on other sites

1 hour ago, moonseeker said:

Yes, there is a probate, which needs to be initiated by a lawyer. Yes, best make a Will, stipulating it applies to all your Estate in Thailand only. Incl. copies of bankbook, chanods etc.  If there is no Will, a probate for your Thai estate can still be done, but is slightly more involved. Yes, be very careful, who is named the executor/administrator, as he will be able to give or take whatever he wants without any restrictions or supervison by any law. Best make a trusted friend the executor and pick one of the few known reliable law-firms to go through probate. Cost should be around 100-270K, depending  on case. The 270K was the highest I ever paid for a 1/2 Mio Euro- and rather involved probate. Time frame is around 6 months and usually straightforward. BTW. If you die outside a hospital, your body will be automatically sent to BKK Police Hospital for autopsy. Might as well get cremated in BKK then, unless you want a service at a temple in Pattaya. I have a couple of posts up with strong recommendations of a very good and affordable funeral-service company. Happy New Year and many years to live I wish you.  MS>

 

Is the lawyer fee for probate more or less a flat fee or a is it a percentage of the estate value?

Link to comment
Share on other sites

I was named a joint Executor in the Thai Will for a Brit friend, who wanted to leave most of his substantial financial assets to his daughter in the UK, with a small legacy to me. When he died in November 2014 I advised the daughter to find a lawyer in Thailand to obtain Probate from the Thai court, and suggested a lawyer for that purpose. She preferred to choose an expensive firm of lawyers. I signed a letter waiving my rights to be a joint Executor. I asked this lawyer if there would be any problem in expatriating the money to the UK and he told me that there should normally not be a problem after Probate is obtained. I eventually received my part of the legacy in September 2016. I presume the daughter would have received her money at around the same time, since I've not heard back from her. 

So other than the long time delay, and lawyer costs, the system does work.

Edited by taiping
Link to comment
Share on other sites

32 minutes ago, chiang mai said:

 

Is the lawyer fee for probate more or less a flat fee or a is it a percentage of the estate value?

 

Thai firms quote flat fee or percentage of Estate mostly. I deal with 2 firms now, which are foreign owned and prof. lawyers and they charge by the hour, with detailed accounting. Really need to pick the right people and be ready to provide them with the docs and support they need. I pers. have stipulated in my Will who is to be doing my probate, incl. some more details. Regards.  MS>

Edited by moonseeker
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.










×
×
  • Create New...